Burglary Defense Lawyer Arlington County — What Are Your Defense Options?
A burglary charge in Arlington County is a serious felony under Va. Code § 18.2-90, carrying severe penalties. Law Offices Of SRIS, P.C. has 21 documented results in Arlington County. Our burglary defense lawyer Arlington County team builds case-specific defenses to challenge the prosecution’s evidence. Contact us 24/7 for a consultation by appointment.
Last verified: April 2026 | Arlington County General District Court | Virginia General Assembly
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by Va. Code § 18.2-90 as entering a dwelling house at night with intent to commit a felony, larceny, or assault. Breaking and entering a dwelling in the daytime with the same intent is also burglary under § 18.2-91. These are Class 3 felonies, punishable by 5 to 20 years in prison and a fine up to $100,000. A breaking and entering defense lawyer Arlington County must scrutinize the intent element, as the prosecution must prove you intended to commit a crime inside at the moment of entry.
Official Legal Resources
For the official statute, review Va. Code § 18.2-90 (official Virginia General Assembly). Court information is available at the Arlington County General District Court website.
Arlington County Court Process for Burglary Charges
Burglary cases in Arlington County begin with an arrest and a bond hearing before a magistrate. The case proceeds to Arlington County General District Court for a preliminary hearing, where the Commonwealth’s Attorney must show probable cause. If bound over, the felony trial occurs in Arlington County Circuit Court. Prosecutors often rely on circumstantial evidence like fingerprints or witness statements about suspicious activity.
- Secure representation immediately after arrest to advise on bond hearings and police questioning.
- Your attorney will file for discovery to obtain all prosecution evidence, including police reports and witness statements.
- A motion to suppress evidence may be filed if there were illegal search and seizure issues.
- At the preliminary hearing, your lawyer will challenge the probable cause for the burglary and intent elements.
- If the case proceeds to Circuit Court, intensive plea negotiations or trial preparation begins.
- A jury trial in Circuit Court is your right, where the burden is on the Commonwealth to prove every element beyond a reasonable doubt.
Potential Penalties for Burglary in Arlington County
In Arlington County, burglary is a Class 3 felony carrying 5 to 20 years in prison and a fine up to $100,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Night) | Class 3 Felony | 5-20 years | Up to $100,000 | N/A | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Burglary (Day) / Breaking & Entering | Class 3 Felony | 5-20 years | Up to $100,000 | N/A | Same as above; intent is a critical element for the prosecution. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Arlington County Criminal Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. In Arlington County, we have a documented track record. Our approach is grounded in a deep understanding of local court procedures and prosecutorial tactics.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results in Arlington County
Our Arlington County burglary charge defense lawyer team has achieved documented results for clients. These include cases where charges were dismissed or reduced through effective negotiation and motion practice.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr Suite 700, Arlington, VA 22209, United States
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only.
Our Arlington location serves clients at the Arlington County courts. We provide representation for individuals in Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. 24/7 phone consultations are available — meetings are by appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Arlington County, Virginia?
A Class 1 misdemeanor in Arlington County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301).
Can criminal charges be expunged in Arlington County, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Arlington County Circuit Court. First-offense marijuana possession may qualify through deferred disposition.
How does bail work in Arlington County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Arlington County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Arlington County General District Court.
What is the difference between GDC and Circuit Court in Arlington County?
Arlington County General District Court handles misdemeanor trials and felony preliminary hearings. Arlington County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time.
What should I look for in a burglary defense lawyer Arlington County?
Look for a lawyer with specific experience in felony defense, knowledge of Arlington County court procedures, and a track record of challenging evidence. A background as a former prosecutor, like Kristen Fisher, can provide strategic advantage in understanding how the Commonwealth builds its case.
For more information, see our Virginia criminal defense hub page. We also assist clients in Alexandria. For related legal needs in Arlington, consider our DUI defense or family law services.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.